On
June 3, 1997, the Board of Supervisors approved Special Exception
#97-C-05 for the Lake Whippoorwill major residential subdivision
of 71 lots on approximately 117 acres.Condition #4 of that special exception approval states:"The applicant shall construct an interparcel
connector fifty (50') feet wide along the parcel's northern border
with the Jamison property…"This connection was platted between lots 69 and 70 of the
subdivision, at the terminus of Red Oak Court.The final subdivision plat for Phase II, Section 3 of Lake
Whippoorwill was recorded with a dedication of right-of-way that
included the 50-foot (50') "stub" from the temporary
cul-de-sac at the terminus of Red Oak Court to the Jamison
property line.

Now, the applicant and the owners of lots
69 and 70 are seeking a special exception amendment to remove an
approved 1997 condition of approval requiring the construction of
an interparcel connection from the Lake Whippoorwill subdivision
to the adjoining Jamison property.The Lake Whippoorwill Subdivision is nearing completion.Since the adjacent Jamison property is currently being
planned for residential development, the new homeowners in Lake
Whippoorwill have requested that the Lake Whippoorwill developer
have the construction condition removed and the dedicated public
right-of-way be vacated.

Update:

On June 17, 2002, the Board of Supervisors held a
public hearing and tabled this matter until its next meeting.Since the public hearing, Supervisor Weeks has met with the
applicant and the Lake Whippoorwill homeowners, as well as staff,
to refine the proposed amendment.Attachment 1 reflects the proposed refinement.

Planning
Commission Review

The Planning Commission held a public
hearing on this application November 29, 2001.Subsequent to the public hearing, the Planning Commission
also conducted a site visit and held work sessions for this
proposed amendment.At
its April 25, 2002 meeting, the Commission voted unanimously to
forward the application to the Board of Supervisors with the
following amendment to Condition #4:

Condition #4.

a.The previously dedicated 50-foot right-of-way from the
terminus of Red Oak Court to the Jamison property line shall be
retained.Within this right-of-way, the applicant shall construct a
controlled emergency access with a minimum pavement width of 14
feet, in substantial accordance with the applicant’s engineered
drawing dated April 17, 2002, with final engineering
specifications as determined by the County Engineer.The applicant shall also install a gate or other control
feature acceptable to the Office of Emergency Services that may be
accessed by authorized personnel as needed. The applicant shall
provide confirmation that the existing bond is adequate to
construct the improvement and amend the current developer’s
agreement to incorporate the improvement, and post additional
bonding if required within 30 days of the Board of
Supervisors approval date.Such
construction shall be completed within one year of the approval
date of this special exception amendment.

b. For any portion of
the construction that cannot be completed to the Jamison property
line without off-site easements, the applicant shall establish an
escrow account of no less than $8,000 in the name of the County of
Fauquier.These funds
will be used to complete the construction work to the Jamison
property line at such time as the Jamison side improvement is
constructed.The
terms and conditions of the escrow agreement shall be decided in
consultation with and at the agreement of the Director of
Community Development and the County Attorney.

c. The applicant shall
install, and the Lake Whippoorwill Homeowner’s Association shall
maintain, a sign erected at the common property line with the
Jamison tract that notes the existence of a 50-foot public
right-of-way that may be improved to a full street connection at
some point in the future.

All
other conditions of approval for SE 97-S-05, dated June 3, 1997,
shall remain in full force and effect.

Planning Commission staff reports from the
various meetings are available for review upon request.

Requested Action of the Board of Supervisors:

Consider taking action on the refined resolution
included as Attachment 1, which provides specificity on the
construction requirements for the proposed emergency access road.A resolution for approval as recommended by the Planning
Commission is provided as Attachment 2.

Financial Impacts Analysis:

There
was no financial impact analysis required for this request.

Identify any other Departments, Organizations or Individuals that
would be affected by this request: